South Carolina delivery driver employment contract template

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How South Carolina delivery driver employment contract Differ from Other States

  1. South Carolina follows an at-will employment doctrine, affecting termination clauses more prominently than some states.

  2. The state requires clear disclosures regarding workers’ compensation coverage for delivery drivers within employment contracts.

  3. South Carolina has specific regulations about meal and rest breaks, which may differ from federal and other states’ standards.

Frequently Asked Questions (FAQ)

  • Q: Does South Carolina law require a written employment contract for delivery drivers?

    A: No, South Carolina does not require a written contract, but it is highly recommended for clarity and protection of both parties.

  • Q: Are delivery drivers considered employees or independent contractors in South Carolina?

    A: Delivery drivers can be either, depending on the working arrangement. The contract should specify the classification clearly.

  • Q: Is overtime pay required for delivery drivers in South Carolina?

    A: Yes, employees classified as non-exempt are entitled to overtime pay for hours worked over 40 in a workweek.

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South Carolina Full-Time Delivery Driver Employment Contract

Effective Date: [Date]

1. Parties:

  • Employer: [Company Name], located at [Company Address], represented by [Employer Representative Name], [Employer Representative Title].
  • Employee: [Employee Name], residing at [Employee Address], with contact number [Employee Phone Number] and email [Employee Email Address].


2. Employment Position and Job Description:

  • Position: Full-Time Delivery Driver
  • Responsibilities:
    • Operate company-provided or employee-owned vehicle (see Section 10) for deliveries.
    • Deliver goods to designated customer locations within South Carolina.
    • Adhere to assigned delivery schedules and routes.
    • Navigate using GPS or company route plans.
    • Load and unload packages/products.
    • Maintain delivery logs and obtain customer signatures.
    • Handle cash or electronic payments (if applicable).
    • Provide excellent customer service, adhering to company dress code and communication standards.
    • Maintain vehicle cleanliness.


3. Reporting Structure:

  • Supervisor: [Supervisor Name], [Supervisor Title]
  • Team Coordination: May be required to coordinate with other drivers or warehouse staff, especially during peak seasons.
  • Reporting:
    • Option A: Daily check-in and check-out with supervisor.
    • Option B: Weekly performance review with supervisor.


4. Work Location and Geographic Service Area:

  • Primary Work Location: [City, South Carolina]
  • Service Area: Deliveries will primarily occur within [Specific Counties/Cities in South Carolina]. All deliveries are local/intrastate within South Carolina.


5. Full-Time Status and Work Schedule:

  • Full-time: Defined as a minimum of [Minimum Hours per Week] and a maximum of [Maximum Hours per Week] hours per week.
  • Work Shifts: [Example: Monday-Friday, 9:00 AM - 5:00 PM]
  • Availability: Employee may be required to work evenings, weekends, or holidays as needed.
  • Breaks:
    • South Carolina Break and Meal Period Standards apply. (Refer to SC labor laws regarding break times).


6. Compensation:

  • Option A: Hourly Wage: [Dollar Amount] per hour.
    • Overtime: Eligible for overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek, as per South Carolina law.
  • Option B: Salary: [Dollar Amount] per year.
    • Overtime: [Specify overtime eligibility for salaried employees or if they are exempt].
  • Pay Frequency: [Weekly, Bi-weekly].
  • Method of Payment: [Direct Deposit, Check].
  • Travel-Based Pay:
    • Option A: Per-mile reimbursement: [Dollar Amount] per mile (if using employee-owned vehicle - see Section 10).
    • Option B: Per-delivery incentive: [Dollar Amount] per successful delivery.


7. Tip Policy:

  • Option A: Tips are permitted. All tips received belong to the employee.
  • Option B: Tips are not permitted.
  • Tip Pooling: [If applicable, describe tip pooling arrangement. If not, state "Not Applicable"]. Must comply with South Carolina wage and tip credit rules.


8. Reimbursement for Job-Related Expenses:

  • Mileage Reimbursement (if using employee-owned vehicle - see Section 10): [Dollar Amount] per mile.
  • Fuel Reimbursement (if using employee-owned vehicle): [Specify process, e.g., submit receipts].
  • Parking/Tolls: Reimbursed upon submission of receipts.


9. Vehicle Use:

  • Option A: Company-Owned Vehicle: The company will provide a vehicle for deliveries. The company is responsible for maintenance, insurance, and repairs.
  • Option B: Employee-Owned Vehicle:
    • Employee is responsible for vehicle maintenance and repairs.
    • Company will reimburse for mileage (see Section 8).
    • Insurance Requirements (See Section 10).


10. Insurance Requirements (If Employee-Owned Vehicle):

  • Minimum Coverage: Employee must maintain minimum insurance coverage as required by South Carolina law: [Specify amounts for bodily injury liability, property damage liability, and uninsured motorist coverage].
  • Documentation: Employee must provide proof of insurance coverage to the company.
  • Record-Keeping: Employee must keep insurance documentation current and readily available.
  • Personal Liability: Employee is responsible for their own personal liability beyond the company's commercial auto policy.


11. Benefits:

  • Health Insurance: [Eligible/Not Eligible, specify details if eligible].
  • Dental Insurance: [Eligible/Not Eligible, specify details if eligible].
  • Vision Insurance: [Eligible/Not Eligible, specify details if eligible].
  • Workers' Compensation: Covered under the company's workers' compensation policy.
  • Paid Vacation: [Number of days per year, accrual method].
  • Sick Leave: [Number of days per year, accrual method, comply with SC regulations].
  • Holidays: [List of paid holidays].
  • Retirement Plan: [401(k), other, or None], specify details if applicable.
  • Short-Term Disability: [Eligible/Not Eligible, specify details if eligible].
  • Long-Term Disability: [Eligible/Not Eligible, specify details if eligible].
  • Uniform Stipend/Safety Gear Allowance: [Dollar Amount, if applicable].


12. Driver's License and Background Checks:

  • Valid South Carolina Driver's License: Employee must maintain a valid South Carolina driver's license with any necessary endorsements.
  • Background and Motor Vehicle Record Checks: The company will conduct annual/periodic background and motor vehicle record checks.


13. Drug and Alcohol Testing:

  • Pre-Employment: Employee will be required to pass a drug and alcohol test as a condition of employment.
  • Random Testing: Employee may be subject to random drug and alcohol testing.
  • Post-Accident Testing: Testing may be required after any accident.
  • Compliance: All testing will be conducted in accordance with South Carolina transportation employer best practices.


14. Safety and Training Programs:

  • Required Training:
    • Onboarding Training
    • Annual Refresher Training
    • Hazardous Materials Handling (if applicable)
    • Defensive Driving Training
    • Lifting and Ergonomics Training
    • Any state or local delivery safety regulations.


15. Code of Conduct and Behavioral Standards:

  • Compliance: Employee must comply with all South Carolina traffic laws and company safety rules.
  • Vehicle Cleanliness: Employee must maintain vehicle cleanliness.
  • No Texting/Phone Use: No texting or phone use while driving unless hands-free.
  • Proper Documentation: Employee must ensure proper documentation for every delivery.
  • Zero Tolerance: Zero tolerance for DUI or reckless driving.


16. Disciplinary Procedures:

  • Grounds for Discipline: Tardiness, package loss or theft, accidents, customer complaints, violation of route protocols.
  • Procedures: [Describe progressive disciplinary steps, e.g., verbal warning, written warning, suspension, termination].


17. Termination:

  • At-Will Employment: This is an at-will employment relationship. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to the final wage payment requirements below.
  • Notice: [Specify if any notice is required].
  • Documentation: All terminations will be documented in writing.
  • Unemployment Insurance: Employee will receive information regarding unemployment insurance eligibility.
  • Vehicle and Equipment Return: Employee must return all company vehicles and equipment upon termination.
  • Final Wages: Final wages will be paid within 48 hours of termination or by the next regular payday, whichever is sooner, as required by South Carolina law.


18. Non-Solicitation and Non-Disclosure:

  • Non-Solicitation: During employment and for a period of [Number] months following termination, employee will not solicit company customers for competing services.
  • Non-Disclosure: Employee will not disclose confidential company information, including customer lists, delivery routes, pricing information, package/cargo details, and trade secrets, at any time.


19. Complaint and Dispute Resolution:

  • Grievance Policy: Employee should first attempt to resolve any complaints through the company's internal grievance policy.
  • Mediation/Arbitration: Any disputes arising out of this agreement will be submitted to mediation/arbitration in [City, South Carolina], before any legal action is taken.
  • Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.
  • Venue: Any legal action relating to this agreement shall be brought in the state or federal courts located in [County, South Carolina].


20. Accident and Incident Reporting:

  • Mandatory Reporting: Employee must immediately report any accidents, injuries, or incidents occurring during work in line with South Carolina's workers' compensation and occupational safety laws.


21. Non-Discrimination and Anti-Harassment:

  • Compliance: The company complies with the South Carolina Human Affairs Law and prohibits discrimination based on race, gender, age, religion, disability, or other protected classes.
  • Anti-Harassment: The company maintains a zero-tolerance policy for harassment.


22. Non-Retaliation:

  • Zero-Tolerance: The company maintains a zero-tolerance policy for retaliation against employees who raise safety, wage, or harassment concerns.


23. Medical Clearance/Physical Fitness:

  • Option A: Medical Clearance Required: Employee must obtain medical clearance from a licensed physician prior to commencing employment.
  • Option B: Not Applicable.


24. Regulated Goods (If Applicable):

  • Option A: Regulated Goods Transport: If transporting regulated goods (e.g., alcohol, pharmaceuticals), employee must comply with all applicable licensing, age restrictions, and other requirements under South Carolina law.
  • Option B: Not Applicable.


25. Electronic Monitoring:

  • Option A: Company-Provided Devices: The company may use company-provided mobile apps, GPS trackers, or telematics for route monitoring. Employee acknowledges and consents to such monitoring.
  • Option B: Not Applicable.


26. Entire Agreement:

This agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.


Employee Signature: ____________________________ Date: ___________

Employer Signature: ____________________________ Date: ___________


Attachments:

  • Company Policies (Safety, Anti-Harassment, etc.)
  • South Carolina Statutory Notices (Wage and Hour Laws, etc.)

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